The fact that a losing party may take an appeal from a judgment or order to the Court of Appeals, either as of right or by permission, does not guarantee de novo review of every issue in the case. The concepts of appealability and reviewability are different, especially in Court of Appeals practice.
Appealability is governed by CPLR 5601 (“Appeals to the court of appeals as of right”) and 5602 (“Appeals to the court of appeals by permission”), and relates to “whether or not, and under what circumstances and in what manner, whether as of right or by permission, an appeal may be taken to the Court of Appeals.”1 Reviewability is governed by CPLR 5501 (“Scope of review”), and relates to “what issues, of law, fact, or discretion, are open for review in the Court of Appeals after the appeal is properly lodged there.”2
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
